As a means of determining compliance with this Part 2, with
applicable conditions of SPDES permits and with applicable state and
federal law, all users shall be required to notify the City Engineer
of any new or existing discharges to the POTW and submit a completed
industrial chemical survey (ICS) form and a completed industrial wastewater
survey (IWS) form to the City Engineer. When requested by the City
Engineer, a user must submit information on the nature and characteristics
of its wastewater within 60 days of the request and update such information
as the City Engineer deems necessary. All information shall be furnished
by the user in complete cooperation with the City Engineer.
The City Engineer shall, from time to time, notify users of
applicable pretreatment standards and of other applicable requirements
under §§ 204(B) and 405 of the Clean Water Act, and
Subtitles C and D of the Resource Conservation and Recovery Act (RCRA).
Any user required to obtain a wastewater discharge permit who was discharging wastewater into the POTW prior to the effective date of this Part
2 and who wishes to continue such discharges in the future shall, within 60 days after said date, apply to the City Engineer for a wastewater discharge permit in accordance with §
199-74 of this article and shall not cause or allow discharges to the POTW to continue after 180 days of the effective date of this Part
2 except in accordance with a wastewater discharge permit issued by the City Engineer.
Any user required to obtain a wastewater discharge permit who proposes to begin or recommence discharging into the POTW must obtain such permit prior to the beginning or recommencing of such discharge. An application for this wastewater discharge permit, in accordance with §
199-74 of this article, must be filed at least 90 days prior to the date upon which any discharge will begin or recommence.
All wastewater discharge permit applications and user reports
must be signed by an authorized representative of the user and contain
the following certification statement:
"I certify under penalty of law that this document and all attachments
were prepared under my direction or supervision in accordance with
a system designed to assure that qualified personnel properly gather
and evaluate the information submitted. Based on my inquiry of the
person or persons who manage the system, or those persons directly
responsible for gathering the information, the information submitted
is, to the best of my knowledge and belief, true, accurate and complete.
I am aware that there are significant penalties for submitting false
information, including the possibility of fine and imprisonment for
knowing violations."
Permits shall be issued for a specified time period, not to exceed five years from the effective date of the permit. A permit may be issued for a period less than five years. Each permit will indicate a specific date upon which it will expire. The user shall apply for permit reissuance a minimum of 180 days prior to the expiration of the user's existing permit. The terms and conditions of the permit may be subject to modification by the City during the term of the permit as limitations or requirements as identified in §
199-77 of this article are modified or other just cause exists. The user shall be informed of any proposed changes in his permit at least 30 days prior to the effective date of change.
No person shall cause the discharge of slugs to the POTW. Each
person discharging into the POTW greater than 100,000 gallons per
day or greater than 5% of the average daily flow in the POTW, whichever
is less, shall install and maintain on his property and at his expense
a suitable storage and flow-control facility to ensure equalization
of flow over a twenty-four-hour period. The facility shall have a
capacity for at least 50% of the daily discharge volume and shall
be equipped with alarms and a rate of discharge controller, the regulation
of which shall be directed by the City Engineer. A wastewater discharge
permit may be issued solely for flow equalization.
No unauthorized person shall negligently break, damage, destroy,
uncover, deface, tamper with, prevent access to or render inaccurate
or cause or permit the negligent breaking, damaging, destroying, uncovering
or defacing of tampering with, preventing access to or rendering inaccurate
of any measuring, sampling and/or testing device or mechanism installed
pursuant to any requirement under this Part 2, except as approved
by the City Engineer.
In order that the industrial user's employees be informed
of the City's requirements, a notice shall be permanently posted
on appropriate bulletin boards within the user's facility advising
employees of the City's requirements and whom to call in case
of an accidental discharge in violation of this Part 2.
When so requested in advance by an industrial user and when
taking a sample of industrial wastewater, the City representative(s)
shall gather sufficient volume of sample so that the sample can be
split into two nearly equal volumes, each of a size adequate for the
anticipated analytical protocols, including any quality control (QC)
procedures. One of the volumes shall be given to the industry whose
wastewater was sampled and the other shall be retained by the City
for its own analysis.
During the performance, on private premises, of inspections, sampling or other similar operations referred to in §
199-91 of this article, said representatives shall observe all applicable safety rules established by the owner or occupant of the premises. The owner and/or occupant shall be held harmless for personal injury or death of the representatives and the loss of or damage to the representative's supplies and/or equipment; and the representative shall indemnify the owner and/or occupant against loss or damage to property of the owner or occupant by the representative and against liability claims asserted against the owner or occupant for personal injury or death of the representative or for loss of or damage to the representative's supplies or equipment arising from inspection and sampling operations, except as such may be caused by negligence or failure of the owner or occupant to maintain safe conditions.
The City Engineer shall publish annually, in the largest daily newspaper published in the City, a list of the users which, during the previous 12 months, were in significant noncompliance with applicable pretreatment standards and requirements. The term "significant noncompliance" is defined in Article
II, §
199-8, of this Part
2.
In the event that the federal government promulgates a regulation
for a given new or existing user in a specific industrial subcategory
that establishes pretreatment standards or establishes that such a
user is exempt from pretreatment standards, such federal regulations
shall immediately supersede applicable sections of this article.
The City Engineer shall promptly apply for and obtain authorization
from the EPA to revise discharge limitations for those substances
listed in the Federal Categorical Pretreatment Standards for which
consistent removal occurs in the POTW treatment plant of the City.
The City Engineer shall not adopt or enforce discharge limitations
more stringent than the requested limitations until the state or EPA
acts on the application.